USCIS to Begin Implementing New Policy Memorandum on Notices to Appear

[UScitizenFilingforspouse]

And here it is...

https://www.uscis.gov/news/alerts/uscis-begin-implementing-new-policy-memorandum-notices-appear

[seattlefiler2017]

I read through it a few times but I am still not sure I understand the nitty gritty details. Can someone summarize.

[S_R_E]

I read through it a few times but I am still not sure I understand the nitty gritty details. Can someone summarize.

Basically starting October 1st (not for employment or humanitarian cases initially) if you are denied an immigration benefit such as AOS and are out of status you will be issued an NTA (Notice To Appear) which is the first step in removal proceedings.

An NTA is a document that instructs an individual to appear before an immigration judge. This is the first step in starting removal proceedings. Starting Oct. 1, 2018, USCIS may issue NTAs on denied status-impacting applications, including but not limited to, Form I-485, Application to Register Permanent Residence or Adjust Status, and Form I-539, Application to Extend/Change Nonimmigrant Status.

[seattlefiler2017]

Basically starting October 1st (not for employment or humanitarian cases initially) if you are denied an immigration benefit such as AOS and are out of status you will be issued an NTA (Notice To Appear) which is the first step in removal proceedings.

An NTA is a document that instructs an individual to appear before an immigration judge. This is the first step in starting removal proceedings. Starting Oct. 1, 2018, USCIS may issue NTAs on denied status-impacting applications, including but not limited to, Form I-485, Application to Register Permanent Residence or Adjust Status, and Form I-539, Application to Extend/Change Nonimmigrant Status.

I got that part but what i am not clear about is this line

USCIS will send denial letters for status-impacting applications that ensures benefit seekers are provided adequate notice when an application for a benefit is denied. If applicants are no longer in a period of authorized stay, and do not depart the United States, USCIS may issue an NTA.


So before you get an NTA do you get an Notice of intent to deny ?

[S_R_E]

I got that part but what i am not clear about is this line

USCIS will send denial letters for status-impacting applications that ensures benefit seekers are provided adequate notice when an application for a benefit is denied. If applicants are no longer in a period of authorized stay, and do not depart the United States, USCIS may issue an NTA.


So before you get an NTA do you get an Notice of intent to deny ?

I'm not sure

In the linked PDF it states

USCIS will issue an NTA where, upon issuance of an unfavorable decision on an application, petition, or benefit request, the alien is not lawfully present in the United States.

[ember]

I got that part but what i am not clear about is this line

USCIS will send denial letters for status-impacting applications that ensures benefit seekers are provided adequate notice when an application for a benefit is denied. If applicants are no longer in a period of authorized stay, and do not depart the United States, USCIS may issue an NTA.


So before you get an NTA do you get an Notice of intent to deny ?

Not necessarily. USCIS issued a Policy Memorandum on July 13, 2018 that basically widened the discretion that officers have in issuing NOIDs or RFEs, effective Sept. 11, 2018. It used to be that officers were expected to issue NOIDs and RFEs to give applicants a chance to correct or supplement defective applications (or rebut an impending denial decision). Now, officers have more choice to just issue a denial without the RFE or NOID.

The PM changed the AFM (Adjudicators Field Manual), Chapter 10.5, to reflect this expansion of officer discretion. If you read that (available online on USCIS website), it tracks the PM. There does appear to be a difference between applications that are submitted without all the required initial evidence and those submitted with the required initial evidence but still not enough to decide. However, I don't know how much this difference is used or recognized in practice.

I heard, but have not looked into it, that officers still have to issue NOIDs because even though the policy has changed, the actual law has not, and the law says they have to. I DO NOT KNOW if this is true, again, it's just something I've heard and haven't looked at, so I only know what the Policy Memo and the Field Manual say. Which is that officers have more power now to deny straight out.

I do not know if denials come before NTAs or at the same time...

Anyway, that's a summary of the NOID policy as I understand it. Maybe someone else can offer more insight/knowledge.

[seattlefiler2017]

So I just dialed into the call to listen and with regards to the issuance of NTA's after denial

1.USCIS will issue an notice to deny which has a validity of 33 days (from the date of issue, not the date you get the notice).You can appeal it and choose to leave the country.Post that they will issue an NTA
2. There is also another kind of shortened appeal date (some kind of revocation - the terms went over my head) where the appeal duration is only 18 day (from the date of issue).

I am sure as lawyers and people who understand the process pore over this, we will get more details but this is what i got from the call.

[ember]

So I just dialed into the call to listen and with regards to the issuance of NTA's after denial

1.USCIS will issue an notice to deny which has a validity of 33 days (from the date of issue, not the date you get the notice).You can appeal it and choose to leave the country.Post that they will issue an NTA
2. There is also another kind of shortened appeal date (some kind of revocation - the terms went over my head) where the appeal duration is only 18 day (from the date of issue).

I am sure as lawyers and people who understand the process pore over this, we will get more details but this is what i got from the call.

seattlefiler2017,

Is that a Notice of Intent to Deny (NOID) or a Denial Decision?

It's my understanding that a NOID is issued _before_ a Denial and gives an applicant a certain period of time to submit any new evidence if they have it, which is not an appeal since they have not yet been denied, and a Denial Decision, or a notice of denial, is final unless appealed within 30 days (33 if mailed).

- - - Updated - - -

So I just dialed into the call to listen and with regards to the issuance of NTA's after denial

1.USCIS will issue an notice to deny which has a validity of 33 days (from the date of issue, not the date you get the notice).You can appeal it and choose to leave the country.Post that they will issue an NTA
2. There is also another kind of shortened appeal date (some kind of revocation - the terms went over my head) where the appeal duration is only 18 day (from the date of issue).

I am sure as lawyers and people who understand the process pore over this, we will get more details but this is what i got from the call.

Also, was the call recorded & available to anyone? It sounds really interesting.

[seattlefiler2017]

seattlefiler2017,

Is that a Notice of Intent to Deny (NOID) or a Denial Decision?

It's my understanding that a NOID is issued _before_ a Denial and gives an applicant a certain period of time to submit any new evidence if they have it, which is not an appeal since they have not yet been denied, and a Denial Decision, or a notice of denial, is final unless appealed within 30 days (33 if mailed).

- - - Updated - - -



Also, was the call recorded & available to anyone? It sounds really interesting.

I believe a denial decision sorry..i was not able to understand a lot of the terms clearly since they were just reading prepared questions and answers.

[seattlefiler2017]

seattlefiler2017,

Is that a Notice of Intent to Deny (NOID) or a Denial Decision?

It's my understanding that a NOID is issued _before_ a Denial and gives an applicant a certain period of time to submit any new evidence if they have it, which is not an appeal since they have not yet been denied, and a Denial Decision, or a notice of denial, is final unless appealed within 30 days (33 if mailed).

- - - Updated - - -



Also, was the call recorded & available to anyone? It sounds really interesting.

Apparently someone took better notes than me

[ember]

Apparently someone took better notes than me

If you have them, do you mind sending them to me in a private message? I'm actually really interested in the procedural aspects!

[seattlefiler2017]

If you have them, do you mind sending them to me in a private message? I'm actually really interested in the procedural aspects!

Sent a message. Not sure why my previous post had the link stripped out..there was nothing malicious about the link.